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Opinions Jan. 25, 2012

January 25, 2012
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7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.


Indiana Court of Appeals
Timothy Long v. State of Indiana
49A02-1105-CR-381
Criminal. Affirms sentence for Class A misdemeanor operating a vehicle while intoxicated and being a habitual substance offender. Because the master commissioner presided at Long’s guilty plea hearing, and not at a criminal trial, she did not have the authority to enter a final judgment on Long’s sentence. Marion Superior Judge Linda Brown did not err by rejecting the master commissioner’s sentence and imposing her own sentence.

Natalie E. Murrell v. State of Indiana
67A01-1106-CR-251
Criminal. The trial court did not err by rejecting Murrell’s defense of duress. Murrell’s Class C felony conviction of attempting to provide cellular telephones to an inmate does not violate the proportionality clause of the Indiana Constitution. Remands with instructions for the trial court to correct its written sentencing order to impose concurrent sentences.

Kevin Walsh v. Chris Sweeney Construction, Inc. (NFP)
17A05-1107-PL-370
Civil plenary. Affirms order foreclosing Chris Sweeney Construction’s mechanic’s lien on Walsh’s home, awarding Sweeny Construction unjust enrichment damages for unpaid labor services and attorney fees and denying Walsh’s counterclaims. Remands for correction of scrivener’s error.

Anthony Earl Coakley v. State of Indiana (NFP)
02A03-1107-CR-358
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Michael D. Perkinson, Jr. v. Kay Char Perkinson (NFP)
36A05-1106-DR-322
Domestic relation. Reverses denial of motion to correct error that challenged the trial court order denying Perkinson Jr.’s verified petition for modification of parenting time and support. Remands for further proceedings.

Jeremiah L. Hancock v. State of Indiana (NFP)
47A01-1104-CR-201
Criminal. Affirms sentence following guilty plea to murder.

Jennifer Hutchens v. Gregory Sausaman (NFP)
43A04-1107-DR-395
Domestic relation. Affirms order granting custody of Hutchens’ daughter to Sausaman. Denies Sausaman’s request for appellate attorney fees.

Ryan N. Myers v. State of Indiana (NFP)
18A02-1104-CR-378
Criminal. Affirms denial of motion to withdraw guilty plea to Class A felony child molesting.

Kenneth W. Gibbs v. Indiana Parole Board (NFP)
52A04-1106-MI-378
Miscellaneous. Affirms denial of Gibbs’ petition for mandate requiring the Indiana Parole Board to determine his parole eligibility based on a vote of all five board members.

Ellettsville Holdings, LLC v. Garnett D. Kinser (NFP)
53A04-1103-PL-121
Civil plenary. Affirms judgment in favor of Kinser on Ellettsville Holdings’ complaint for damages based upon claims of breach of the parties’ purchase agreement and breach of warranty.

Jameson Curry v. State of Indiana (NFP)
02A03-1104-CR-175
Criminal. Affirms conviction of Class C felony child molesting, but remands for sentence modification pursuant to Appellate Rule 7(B).

James Roby v. State of Indiana (NFP)
27A05-1106-CR-302
Criminal. Affirms conviction of Class D felony possession of cocaine.

In the Matter of the Term. of the Parent-Child Rel. of K.V., and Q.M.S. v. Indiana Dept. of Child Services (NFP)
79A02-1105-JT-535
Juvenile. Affirms involuntary termination of parental rights.

Anthony P. Wamue v. State of Indiana (NFP)
02A03-1106-CR-293
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Dwayne Burnett v. Review Board of the Indiana Dept. of Workforce Development and Opportunity Enterprises, Inc. (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/january/01251207jsk.pdf
93A02-1106-EX-607
Agency appeal. Affirms finding that Burnett is disqualified from receiving unemployment insurance benefits.

 

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  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

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  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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